PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:        16 December 1998                      
	DOCKET NUMBER:   AC97-11163
				   AR1998012078

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests 2.  The applicant requests that his records be changed to show that he was promoted to Sergeant E-5 on 1 April 1996 instead of 1 June 1996; and that his PBED (basic pay entry date) be adjusted to 30 June 1986. 

3.  The applicant states that he had 559 promotion points, and in April 1996 the cut-off score for promotion to pay grade E-5 in his MOS dropped to 551.  He was, however, informed that he did not  have enough points to be promoted.  Thinking that points were taken from him for some legitimate reason, he let the matter drop.  He did get promoted on 1 June 1996 and his promotion packet was returned to him, at which time he saw that his packet showed that he had 559 points; consequently, he should have been promoted in April.  As he was about to separate from the Army, he informed personnel at the personnel service company that he would try to resolve the matter after his ETS (separation date).

4.  The applicant states that his PBED was erroneously adjusted on 5 November 1993 [shortly after his reenlistment], and when he outprocessed in August 1996 [prior to his discharge] he was informed that it should not have been changed.  He attempted to get his PBED corrected; however, to no avail.  From the time he enlisted on 30 June 1986 he had not a break in service.  He should have been paid in pay grade E-5 with over 10 years of service as of 30 June1996; and his PBED should not have been adjusted to a date in November of 1986. 

5.  The applicant’s military records show that he enlisted in the Army Reserve for eight years on 30 June 1986, entered active duty for training on 24 July 1986 and was released from active duty and returned to his Reserve unit on 
28 November 1986.  He enlisted in the Regular Army for four years on               27 September 1988 and was released from active duty on 5 June 1992, and transferred to a Reserve unit in Waycross, Georgia.  He had 3 years, 8 months, and 28 days of active service; 4 months and 3 days of prior active service; and 1 year, 10 months, and 24 days of prior inactive service.        
5.  A 22 October 1993 request that the applicant be discharged from Reserve status effective 18 October 1993 because of his enlistment in the Regular Army on 19 October shows his PBED as 30 June 1986.  Documents in the applicant’s record published prior to October of 1993 also show his PBED as 30 June 1986.
6.  The applicant reenlisted in the Army on 19 October 1993 in pay grade E-4,  and his enlistment document shows that he was a Reserve soldier at the time of his reenlistment.  A 19 October 1993 assignment order published by the Military Entrance Processing Station at Jacksonville, Florida shows his PBED as             3 November 1986.  He was promoted to Sergeant E-5 on 1 June 1996 in MOS 88M20 (Heavy Wheel Vehicle Driver).  He was discharged at Mannheim, Germany on 18 October 1996.  His DD Form 214 shows that he had the same     1 year,10 months, and 24 days of prior inactive service as also reflected on his DD Form 214 when he was released from active duty on 5 June 1992.  
7.  The applicant’s latest promotion point worksheet (DA Form 3355), dated in September 1995, show his total promotion points as 559.

8.  A service member’s PBED is computed in accordance with the instructions contained in the Department of Defense Military Pay and Entitlements Manual, 
Volume 7, Part A.  Active or inactive service in the Regular Army or the Army 
Reserve is creditable for basic pay.  In computing periods of service, enlisted service is counted commencing with the date of enlistment.  After computation of creditable service, a PEBD is established for use in determining the date when a member is entitled to increased basic pay.  The date the member enlists or is inducted is the basic date for pay purposes and continues in effect if the military status continues without a break.

n     

CONCLUSIONS:

1.

2.

3.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by 

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__emw__  __lem___  __cjs____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.